Arkansas Home Funeral Laws

If you're interested in holding a home funeral for a loved one who has died in Arkansas, you'll need to be aware of the laws that apply. Here's an overview of the rules that govern home funerals in Arkansas.

Do You Need a Funeral Director in Arkansas?

In all states, it's legal to have your loved one's body at home after they die. Arkansas doesn't require you to involve a licensed funeral director in the final arrangements. For instance, Arkansas law allows "the funeral director or person acting as the funeral director" to file the death certificate. Arkansas also allows a coroner to deliver a body to the relatives or friends of the deceased person for burial. (Ark. Code §§ 20-17-303; 20-18-601 (2024).)

Who Has the Right to Make Funeral Arrangements in Arkansas?

Arkansas law determines who has the right to make final decisions about what to do with a person's body and funeral services. This right and responsibility goes to the following people, in the following order:

• if you're in the military, the person you designate in the Record of Emergency Data
• a person you name in a "declaration of final disposition" made before your death
• your surviving spouse
• your adult child, or a majority of your children if you have more than one
• your parents
• your siblings
• your grandparent, or
• your next of kin.

(Ark. Code § 20-17-102(d)(1) (2024).)

Appointing a Representative

To make a valid declaration appointing your representative, you need only write down what you want and sign your document in front of two adult witnesses or a notary. (Ark. Code § 20-17-102(b) (2024).)

If you're in the military, you may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.

Who Pays for Your Funeral Arrangements?

You have a few options to pay funeral costs. You can either pay for your plans before you die, or you can set aside money for your survivors to use for this purpose. If you don't do either of these things, and there's not enough money in your estate to pay for funeral goods and services, your survivors must cover the costs.

Must the Body Be Embalmed in Arkansas?

Embalming is rarely required. Arkansas law requires a body to be embalmed or refrigerated if final disposition doesn't occur within 48 hours. (Ark. Admin. Code 007.16.5-8.1 (2024).)

Additionally, a body must be embalmed if it's to be transported by common carrier, such as an airplane or train. If embalming isn't possible, the body may be shipped "only after enclosure in an air-tight container." (Ark. Admin. Code 007.16.5-8.0 (2024).)

Refrigeration or dry ice can usually preserve a body for a short time. There are resources available to help you learn to prepare a body at home for burial or cremation. The website of the National Home Funeral Alliance is a good place to start.

If the person died of a contagious disease, you should consult a doctor.

How Do You Get a Death Certificate in Arkansas?

If you won't be using a funeral director, you must complete and file the death certificate yourself. Arkansas law requires you to file the death certificate with the local or state vital records office within ten days of the death. (Arkansas Code § 20-18-601 (2024).)

The deceased person's doctor, a medical examiner, or another approved medical provider must complete the medical certification portion of the death certificate within three business days. The medical certification contains such information as the date, time, and cause of death. (Arkansas Code § 20-18-601 (2024).)

Arkansas instituted an electronic system for registering deaths. You'll go to the local registrar or health department to initiate the death certificate process. For help obtaining or filing a death certificate, contact the Arkansas Vital Records Office.

You'll need certified copies of the death certificate to carry out other tasks after the death, such as arranging for the disposition of the body and transferring the deceased person's property to inheritors. You might be able to file the death certificate with the local registrar and get certified copies on the same day. If not, you'll have to make a return trip to pick up the copies. Be prepared to pay a small fee for each copy.

How Do You Get a Permit to Transport the Body?

Unlike many other states, you don't need a special permit to move a body within the state of Arkansas. You do, however, need permission from a doctor, state medical examiner, or county coroner if you want to bring a body home from the place of death to prepare it for final disposition. (See Arkansas Code § 20-18-604 (2024).)

Is Home Burial Legal in Arkansas?

In Arkansas, a body must be buried in an established cemetery. However, you may be permitted to establish a family graveyard if you live in a rural area. Contact the local health department and check local zoning laws before you proceed. (Arkansas Code § 20-17-902 (2024).)

You must register a family graveyard with the county before holding a burial. (Arkansas Code § 20-17-901 (2024).)

What About Cremation in Arkansas?

Unfortunately, in Arkansas, crematories may not enter into contracts with members of the public. This means you'll have to go through a funeral director to arrange cremation. (Ark. Admin. Code 003.22.1-6 (2024).)

For more information about cremation, including information on scattering ashes, see Burial & Cremation Laws in Arkansas.

Learning More About Home Funerals

Even the staunchest home funeral advocates know that learning to care for one's own dead can be difficult, especially during a time of grief. If you need help, there are people available to coach you through this process. You can find local guides, consultants, and other resources by visiting the website of the National Home Funeral Alliance. The book Final Rights, by Joshua Slocum and Lisa Carlson, also offers extensive information on the subject.

For more information about final arrangements and documenting your final wishes in advance, see Nolo's section on Getting Your Affairs in Order.